I am a mother of 3 kids that are not his, but we are having a baby of our own and I am 5 months pregnant. We are not dating since I've gotten pregnanat, but that he was/is going to be there for the baby, but now he saying that "IF" the baby is his that he will be there. He still lives at home with his parents. He is only 24 yrs old and I am 11 yrs older then him. I've been working for over 9 yrs and I've been taking care of my older kids all by myself. However, my question is does he have rights to think that if we go to court that the baby will be better off living with him and his family? From emotional mom

Sure he has the right to ask the courts for custody. It will be up to the courts to decide what is best for the child. Right now being a single mom and already having 3 children he is well within his rights and may get liberal custody of the children as you already have your hands full.

Yes, he can ask for custody.

Yes, of course he can ask for custody if he's the father. Why would you think otherwise? And of course he has "rights to think that if we go to court that the baby will be better off living with him and his family". He has rights to think anything he wants.

The question you should have asked is whether a court will be likely to award him custody in these circumstances. I agree with Califdad, that a court may go along with him in these circumstances.

Califdad doesn't need me to agree with him (and everyone else) but, yes, I agree. The Court may very well find that a woman 35 years old, pregnant by a man 11 years her junior who lives with his parents, with custody of 3 other children may very well not have the financial or emotional resources required to raise that child. I can see that the Court would question you in light of your statement that you are 35 and have been working for 9 years. Who supported you before that?

The father will undoubtedly request DNA when the child is born and then file for physical custody or visitation. The Court will then determine what is in the best interest of the child.

And you say that you take care of them yourself, I mean not disrespect, but does that mean you take and get no government assistance for the kids, and work at a job with enough income to pay all the bills.

I only say it, as you make it appear that living with parents is a bad thing, and really only shows nothing wrong at all

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Originally Posted by Fr_Chuck

And you say that you take care of them yourself, I mean not disrespect, but does that mean you take and get no government assistance for the kids, and work at a job with enough income to pay all the bills.

I only say it, as you make it appear that living with parents is a bad thing, and really only shows nothing wrong at all

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The father is 22 - I don't find (in this economy) that it's strange that he lives with his parents. That may very well be a factor in him being awarded custody - he definitely has back up and I would guess expendable income (no rent or utilities).